Draft Regulation Amending Regulation Concerning Animal Health Conditions for Import And
Draft regulation amending regulation concerning animal health conditions for import and export of live mammals, birds, reptiles, amphibians, bees and bumblebees
Adopted by the Ministry of Agriculture and Food and the Ministry of Trade, Industry and Fisheries [date] pursuant to the Act of 19 December 2003 No. 124 on food production and food safety. (Food Act) § 12, § 15 and § 19, cf. Delegated Decision of 19 December 2003. 1790, and the Act of 19 June 2009 No. 97 concerning animal welfare § 11 and § 19, cf. Delegated Decision of 11 June 2010 No. 814.
EEA-information: The EEA Agreement, Annex I, Chapter I, Introductory Part No 7 (Decision 2013/519/EU and Decision 2013/520/EU) and Part 4.1 No 9 and Part 8.1 No 15 (Directive 92/65/EEC as amended by Regulation (EC) No 1282/2002, Regulation (EC) No 1802/2002, Regulation (EC) No 1398/2003, Directive 2008/73/EC, Decision 2012/112/EC, Directive 2004/68/EC, Directive 2013/31/EU and Decision 2013/518/EU)
I
In regulation 20 February 2004 No 464 concerning animal health conditions for import and export of live mammals, birds, reptiles, amphibians, bees and bumblebees the following amendments are made:
The title shall read:
Regulation on animal health conditions for import and export of live animals, semen, ova and embryos
The EEA-information shall read:
EEA-information: The EEA Agreement, Annex I, Chapter I, Introductory Part No 7 (Regulation (EU) No 139/2013, Decision 2013/519/EU and Decision 2013/520/EU), Part 3.2 No 39 (Decision 2007/598/EC) and Part 4.1 No 9 and Part 8.1 No 15 (Directive 92/65/EEC as amended by Decision 95/176/EC, Decision 2001/298/EC, Regulation (EC) No1282/2002 (as amended by Regulation (EC) No 1802/2002), Regulation (EC) No 998/2003, Regulation (EC) No 1398/2003, Directive 2004/68/EC, Decision 2007/265/EC, Directive 2008/73/EC (as amended by Decision 2009/436 EC), Decision 2010/270/EU, Decision 2010/684/EU, Decision 2012/112/EU, Directive 2013/31/EU and Decision 2013/518/EU)
The regulation § 6 second subsection, § 16 and § 19 has been notified to the EFTA Surveillance Authority in accordance with the Act 17 December 2004 No 101 on European duty to notify technical rules (EEA-notification Act) and Annex II, Chapter XIX No 1 (Directive 98/34/EC as amended by Directive 98/48/EC).
§ 1 shall read:
§ 1 Purpose
The purpose of this regulation is to prevent spreading of infectious diseases in connection with import and export of live animals, semen, ova and embryos.
§ 2 shall read:
§ 2 Scope
The regulation lays down the animal health conditions for import and export between Norway and other EEA-countries and import to Norway from third countries of animals, semen, ova and embryos.
However, the regulation does not lay down the animal health conditions for import or export of animals, semen, ova or embryos covered by the following regulations:
1) Regulation 25 March 2002 No 304 on animal health conditions for import and export of swine.
2) Regulation 25. March 2002 No 305 on animal health conditions for import and export of bovine animals.
3) Regulation 6 October 2003 No 1242 on animal health conditions for production, storage, import and export of bovine semen.
4) Regulation 31 December 1998 No 1486 on animal health conditions for import and export of bovine embryos.
5) Regulation 31 December 1998 No 1488 on animal health conditions for import and export of animals of the equine species.
6) Regulation 17 July 2003 No 972 on animal health conditions for production, import, export and use of porcine semen.
7) Regulation 28 December 2001 No 1616 on trade in live poultry and hatching eggs within the EEA.
8) Regulation 19 July 2010 No 1135 on import and transit of poultry and certain poultry products from third countries.
9) Regulation 17 June 2008 No 819 on marketing of aquaculture animals and products from aquaculture animals and prevention and combating of infectious diseases in aquatic animals.
10) Regulation 14. March 2005 No 232 on animal health conditions for import and export of sheep and goats.
11) Regulation 23. July 2010 No 1137 on import from third countries of certain live animals, bees, bumblebees and fresh meat from certain animals.
12) Regulation 31 December 1998 No 1477 on animal health conditions for import and export of semen, ova and embryos from certain animal species.
13) Regulation 14 July 2004 No 1123 on animal health conditions for import of dog semen to Norway.
14) Regulation 10 August 2007 No 1137 on animal health conditions for movement of circus animals within the EEA.
15) Regulation [date] No? on non-commercial movement of pets.
In § 3 a new No 1 shall read:
1) Approved body, institute or centre: Any permanent, geographically limited establishment, approved in accordance with this regulation or equivalent rules implementing Directive 92/65/EEC in national legislation, where one or more species of animal are habitually kept or bred, whether or not for commercial ends, and exclusively for one ore more of the following purposes:
a) display of the animals and education of the public,
b) conservation of the species,
c) basic or applied scientific research or breeding of animals for the purpose of such research.
§ 3 No 7 is repealed.
The title of Chapter II shall read:
Chapter II Import and export of live animals between Norway and other EEA-countries
In § 4 the introduction of subsection one shall read:
In addition to fulfilling the specific terms of 6 to § 12, apes, ungulates, birds, bees, bumblebees, lagomorphs, mink, foxes, dogs, cats and ferrets shall come from establishments which:
§ 4 subsection four is repealed.
In § 5 the first sentence of subsection one shall read:
Ungulates, birds referred to in § 8 subsection three, bees, bumblebees, dogs, cats and ferrets shall be accompanied by a health certificate in accordance with the respective model health certificate in Annex D part 1 or part 2 C when imported and exported between Norway and other EEA-countries.
§ 5 subsection two shall read:
Birds of the parrot family referred to in § 8 subsection two, shall be accompanied by a commercial document when imported and exported between Norway and other EEA-countries.
In § 5 the second sentence of subsection four is repealed.
§ 6 shall read:
§ 6 Conditions for apes
Import and export of apes (Simiae and Prosimiae) is permitted only if the animals are consigned to and from approved bodies, institutes or centres, cf. Chapter III.
By way of derogation from the first subsection, the acquisition by an approved body, institute or centre of apes belonging to an individual is permitted if the animals are quarantined, cf. § 16 and Annex C No 3.
In § 7 the title and subsection one shall read:
§ 7 Conditions for ungulates
Ungulates (Artiodactyla, Perissodactyla and Proboscidae) shall:
1) be marked in accordance with applicable regulations,
2) not be intended for slaughter as part of a programme to eradicate a contagious disease,
3) not be vaccinated against foot-and-mouth disease, and
4) come from a holding not subject to animal health restrictions concerning ungulates and have stayed on this holding for the last 30 days before dispatch or since birth.
§ 12 shall read:
§ 12 Conditions for dogs, cats and ferrets
Dogs, cats and ferrets shall:
1) meet requirements for identification, identification document (passport), anti-rabies vaccination and treatment against Echinococcus multilocularis applicable for non-commercial movement of dogs, cats and ferrets between Norway and the EEA-country in question, cf. Regulation [date] No? on non-commercial movement of pets,
2) undergo a clinical examination carried out within 48 hours prior to the time of dispatch by a veterinarian authorised by the competent authority, and
3) be accompanied by a health certificate, cf. § 5, in which the official veterinarian has confirmed that the authorised veterinarian has documented in the relevant section of the animal’s identification document that the clinical examination showed that the animal at the time of the examination was fit to be transported for the intended journey in accordance with Regulation 8 February No 139 on commercial transportation of animals (Regulation (EU) No 1/2005).
The requirements regarding anti-rabies vaccination and treatment against
Echinococcus multilocularis do not apply to dogs, cats or ferrets going to approved bodies, institutes or centres.
Chapter IV with §§ 15-18 is repealed.
Chapter III becomes Chapter IV
A new Chapter III with a new § 14, a new § 15 and a new § 16 shall read:
Chapter III Import and export of live animals, semen, ova and embryos between approved bodies, institutes and centres in Norway and other EEA-countries
§ 14 Health Certificate
Consignments between approved bodies, institutes or centres in Norway and other EEA-countries of animals of species susceptible to notifiable diseases, or diseases listed in Annex B if the EEA-country of destination applies additional guarantees for these, and of semen, ova and embryos of such animals, shall be accompanied by a health certificate corresponding to the model shown in Annex D, Part 3.
If the health certificate concerns apes, it shall be issued by the official veterinarian supervising the body, institute or centre of origin. If the certificate concerns other animals or semen, ova or embryos, it shall be issued by the veterinarian responsible for the body, institute or centre of origin.
From the health certificate it must appear that the animals, semen, ova or embryos come from an approved body, institute or centre.
§ 15 Approval of bodies, institutes and centres
To be approved, Norwegian bodies, institutes and centres shall, as regards notifiable diseases, submit to the Norwegian Food Safety Authority all relevant supporting documents relating to the requirements contained in Annex C.
Approved bodies, institutes and centres shall be registered and issued with an approval number by the competent authority of the EEA-country in question. In addition, the establishments and their approval numbers shall appear on a list drawn up and made publicly available by the competent authority.
§ 16 Quarantine on receipt of animals having an origin other than an approved body, institute or centre
If approved bodies, institutes or centres receive animals having an origin other than an approved body, institute or centre, the quarantine in Annex C No 3 shall be carried out on a site approved by the Norwegian Food Safety Authority. The approval of the site may be restricted to animals of certain species. The Norwegian Food Safety Authority must be notified when the animals arrive at the approved site. The quarantine must be completed before the animals are added to the approved body’s, institute’s or centre’s collection.
The Norwegian Food Safety Authority may set additional conditions to those laid out in Annex C No 3 for the quarantine.
§ 14 becomes § 17 and shall read:
§ 17 Prohibition
Unless otherwise specified, it is forbidden to import live mammals, reptiles and amphibians from third countries, including Svalbard.
In Chapter V § 19 becomes § 18 and shall read:
§ 18 Regulation (EU) No 139/2013
The EEA Agreement, Annex I, Chapter I introductory part No. 7 (Regulation (EC) No. 139/2013) laying down animal health requirements for imports of certain birds into the Community and the quarantine conditions for these, applies as regulations with the adjustments that follow from Annex I Chapter I, Protocol 1 to the EEA Agreement and the Agreement in general.
A new § 19 shall read:
§ 19 Conditions for imports of birds not covered by § 18
The conditions in § 4, § 5 and § 8 for import of birds from EEA-countries applies correspondingly to import of birds from Andorra, Liechtenstein, Monaco, San Marino, Switzerland and the Vatican City State.
The following is only permitted in accordance with conditions set by the Norwegian Food Safety Authority in the specific case:
- Import of birds for approved conservation programmes, zoos, circuses, amusement parks or experiments.
- Import from neighbouring third countries of racing pigeons which shall immediately be released to fly back to the third country concerned.
The title of Chapter VI shall read:
Chapter VI Import of dogs, cats and ferrets from third countries
§ 20 shall read:
§ 20 Approved third countries
Import of dogs, cats and ferrets is only authorised if the territories or third countries the animals come from and any territory or third country they transit are included in one of the lists set out in:
1) Regulation 31 December 1998 No 1488 on animal health conditions for import and export of animals of the equine species Annex A,
2) Regulation 23 July 2010 No 1137 on import from third countries of certain live animals, bees, bumblebees and fresh meat from certain animals § 1, cf. Regulation (EU) No 206/2010 Annex II, Part 1, or
3) Regulation [date] No? on non-commercial movement of pets § 3, cf. Regulation (EU) No 577/2013 Annex II.
However, import of dogs, cats and ferrets to approved bodies, institutes or centres is only authorised if the territories or third countries the animals come from and any territory or third country they transit are included in the list mentioned in subsection one No 3.
§ 21 shall read:
§ 21 Health certificate etc.
Dogs, cats and ferrets imported from third countries shall:
1) be accompanied by a health certificate drawn up in accordance with the model set out in Annex E and completed and signed by an official veterinarian in accordance with the explanatory notes set out in Part 2 of the Annex.
2) comply with the requirements of the health certificate in respect of the territories or third countries they come from or transit and whether they are imported to approved bodies, institutes or centres or not.
The certificate is valid for 10 days from the date of issue, or as long as the journey takes if it lasts more than 10 days and happens by sea.
The title of Chapter VII shall read:
Chapter VII Administrative provisions
§ 22 shall read:
§ 22 Exemption
The Norwegian Food Safety Authority may in exceptional cases grant exemptions from the provisions of this regulation, provided it will not conflict with Norway's international obligations, including the EEA Agreement.
§ 23 shall read:
§ 23 Supervision and decisions
The Norwegian Food Safety Authority supervises that the provisions of this regulation are complied with and can make the decisions necessary to ensure this, cf. The Food Act § 23 and The Animal Welfare Act § 30. The Norwegian Food Safety Authority can also make decisions according to The Food Act § 24 to § 26 and The Animal Welfare Act § 32 and § 35.
§ 24 is repealed.
§ 25 shall read:
§ 25 Penalties
Violation of provisions laid down in this regulation or decisions made pursuant to it, is punishable according to The Food Act § 28 and The Animal Welfare Act § 37.
A new § 26 shall read:
§ 26 Transitional provisions
Bodies, institutes and centres which are approved according to Regulation 20 February 2004 No 453 on animal health conditions for approval bodies, institutes and centres and movement of animals, semen, ova and embryos to and from approved establisments, are approved bodies, institutes and centres according to this regulation.
Until 29 April 2015 dogs, cats and ferrets may be imported from and exported to EEA-countries if they are accompanied by a health certificate issued not later than 28 December 2014 in accordance with the model set out in Part 1 of Annex E to Directive 92/65/EEC before the Directive was amended by Decision 2013/518/EU.
Until 29 April 2015 dogs, cats and ferrets may be imported from third countries if they are accompanied by a health certificate issued not later than 28 December 2014 in accordance with the models set out in the Annex to Decision 2005/64/EC or in Annex I to Decision 2011/874/EU.
§ 26 becomes § 27.
The title of Annex A shall read:
Annex A. List of notifiable diseases, cf. Regulation (EC) No 1398/2003
Annex C is repealed.
A new Annex C shall read:
Annex C. Conditions governing approval of bodies, institutes or centres, cf. Regulation (EC) No 1282/2002 as amended by Regulation (EC) No 1802/2002
- In order to be granted official approval under Article 13(2) of Directive 92/65/EEC, a body, institute or centre as defined in Article 2(1)(c) must:
(a) be clearly demarcated and separated from its surroundings or the animals confined and located so as not to pose a health risk to agricultural holdings whose health status might be jeopardised;
(b) have adequate means for catching, confining and isolating animals and, have available adequate quarantine facilities and approved procedures for animals coming from non-approved sources;
(c) be free of the diseases listed in Annex A and the diseases listed in Annex B where the country concerned has a programme pursuant to Article 14 of Directive 92/65/EEC. In order that a body, institute or centre is declared free from these diseases, the competent authority shall assess the records on the animal health status kept for at least the previous three years and the results of the clinical and laboratory tests carried out on the animals in the body, institute or centre. However, by way of derogation from this requirement new establishments shall be approved if the animals forming the collection are derived from approved establishments;
(d) keep up to date records indicating:
(i) the number and identity (age, sex, species and individual identification where practical) of the animals of each species present in the establishment;
(ii) the number and identity (age, sex, species and individual identification where practical) of animals arriving in the establishment or leaving it, together with information on their origin or destination, the transport from or to the establishment and the animals health status;
(iii) the results of blood tests or any other diagnostic procedures;
(iv) cases of disease and, where appropriate, the treatment administered;
(v) the results of the post-mortem examinations on animals that have died in the establishment, including still-born animals;
(vi) observations made during any isolation or quarantine period;
(e) either have an arrangement with a competent laboratory to perform post-mortem examinations, or have one or more appropriate premises where these examinations may be performed by a competent person under the authority of the approved veterinarian;
(f) either have suitable arrangements or on-site facilities for the appropriate disposal of the bodies of animals which die of a disease or are euthanised;
(g) secure, by contract or legal instrument, the services of a veterinarian approved by and under the control of the competent authority, who:
(i) shall comply mutatis mutandis with the requirements referred to in Article 14(3)(B) of Directive 64/432/EEC,
(ii) shall ensure that appropriate disease surveillance and control measures in relation to the disease situation of the country concerned are approved by the competent authority and applied in the body, institute or centre. Such measures shall include:
— an annual disease surveillance plan including appropriate zoonoses control of the animals,
— clinical, laboratory and post-mortem testing of animals suspected to be affected by transmissible diseases,
— vaccination of susceptible animals against infectious diseases as appropriate, only in conformity with EEA legislation;
(iii) shall ensure that any suspect deaths or the presence of any other symptom suggesting that animals have contracted one or more of the diseases referred to in Annexes A and B is notified without delay to the competent authority, if that particular disease is notifiable in the EEA-country concerned;
(iv) shall ensure that incoming animals have been isolated as necessary, and in accordance with the requirements of this Directive and the instructions, if any, given by the competent authority;